Action Plan for Nurses & HCA Facing Termination:
Note: This advice should not take the place of professional advice from a legal expert. Please consider talking to a lawyer or visit https://www.voicesforfreedom.co.nz/resources for FAQ’s around termination and details of how to access brief legal advice.
- Do not quit your job; make your employer do all the work. Record sessions and take a support person to meetings
- Consider the Health and Safety at Work Act 2015. Consider raising a Section 83 Health & Safety concern (https://www.facebook.com/groups/427291122254409). The employer cannot terminate you when you have raised a health and safety concern. This will help later with a PG should you be terminated.
- The Covid Orders do not over-rule the Health and Safety Act. An employer has an obligation to make sure an employee is safe at work and anything that the employer requires must have a thorough risk assessment. It is the explicit job of the PCBU (Employer) to make sure that all employees are safe under Sections 47 & 48. The government has overstepped it’s reach by providing a risk analysis and therefore unlawfully assumed the duties of a PCBU.
- Contact your union representative, they are paid to represent you
- Discuss alternative options (telehealth, policy work, admin, rosters) with your manager
- You are entitled to four weeks special pay from your notice of termination plus annual leave paid out
- If you are terminated, you can still raise a personal grievance (you have 90 days from date of termination to do this)
- Consider requesting a sabbatical, unpaid leave, annual leave or stress/sick leave (as appropriate) as a means of deferring termination
- Reach out to your NFFNZ Regional Co-ordinator or email nursesforfreedomnz@gmail.com for support
- To the best of our knowledge, student nurses are not registered HCP and do not fall under the Covid Order as long as they are not in a healthcare setting – please contact us for more information with regard to placements specifically.
Note: This advice should not take the place of professional advice from a legal expert. Please consider talking to a lawyer or visit https://www.voicesforfreedom.co.nz/resources for FAQ’s around termination and details of how to access brief legal advice.
REPORTING VACCINE INJURIES:
Covid-19 Vaccine - Reporting an Adverse Reaction go to https://report.vaccine.covid19.govt.nz/s/